EUR-Lex Access to European Union law
This document is an excerpt from the EUR-Lex website
A single railway network for Europe
Directive 2012/34/EU establishing a single European railway area
Directive 2012/34/EU aims to clarify the legal rules that apply to the European Union’s (EU) rail sector in order to:
The directive merges and repeals the three directives from the ‘first railway package’. These directives concern:
Directive (EU) 2016/2370 amends Directive 2012/34/EU with regard to the opening of the market for domestic passenger transport services and the governance of railway infrastructure.
Increased quality through competition
Directive 2012/34/EU:
Infrastructure managers*
Domestic passenger services
Amending Directive (EU) 2016/2370 ensures that all railway companies have equal access to tracks and stations. However, Member States may limit the right of access to passenger services between a given place of departure and a given destination when one or more public service contracts cover the same route. This also applies when one or more public service contracts cover an alternative route, if exercising this right were to compromise the economic equilibrium of the contract or contracts in question.
Regulatory control
Rail financing
The competent public authorities must prepare longer-term investment strategies to offer more stability to the infrastructure manager, in taking investment decisions and in planning works, and more certainty to investors, in order to encourage companies to invest in modernising infrastructure. These strategies should cover a period of at least 5 years and should be renewable.
Adoption of implementing and delegated acts
The European Commission has adopted a series of implementing acts that supplement Directive 2012/34/EU and concern the following.
In 2017, the Commission adopted Delegated Decision (EU) 2017/2075 replacing Annex VII to Directive 2012/34/EU. This concerns the schedule for the infrastructure capacity-allocation process.
COVID-19 pandemic
For further information, see:
Directive 2012/34/EU of the European Parliament and of the Council of 21 November 2012 establishing a single European railway area (OJ L 343, 14.12.2012, pp. 32–77).
Successive amendments to Directive 2012/34/EU have been incorporated in the basic text. This consolidated version is of documentary value only.
Regulation (EU) 2022/312 of the European Parliament and of the Council of 24 February 2022 amending Regulation (EU) 2020/1429 as regards the duration of the reference period for the application of temporary measures concerning the levying of charges for the use of railway infrastructure (OJ L 55, 28.2.2022, pp. 1–3).
Commission Delegated Regulation (EU) 2021/1061 of 28 June 2021 extending the reference period of Regulation (EU) 2020/1429 of the European Parliament and of the Council establishing measures for a sustainable rail market in view of the COVID-19 outbreak (OJ L 229, 29.6.2021, pp. 1–2).
Regulation (EU) 2020/1429 of the European Parliament and of the Council of 7 October 2020 establishing measures for a sustainable rail market in view of the COVID-19 outbreak (OJ L 333, 12.10.2020, pp. 1–5).
See consolidated version.
Regulation (EU) 2020/698 of the European Parliament and of the Council of 25 May 2020 laying down specific and temporary measures in view of the COVID-19 outbreak concerning the renewal or extension of certain certificates, licences and authorisations and the postponement of certain periodic checks and periodic training in certain areas of transport legislation (OJ L 165, 27.5.2020, pp. 10–24).
Commission Implementing Regulation (EU) 2018/1795 of 20 November 2018 laying down procedure and criteria for the application of the economic equilibrium test pursuant to Article 11 of Directive 2012/34/EU of the European Parliament and of the Council (OJ L 294, 21.11.2018, pp. 5–14).
Commission Implementing Regulation (EU) 2017/2177 of 22 November 2017 on access to service facilities and rail-related services (OJ L 307, 23.11.2017, pp. 1–13).
Commission Delegated Decision (EU) 2017/2075 of 4 September 2017 replacing Annex VII to Directive 2012/34/EU of the European Parliament and of the Council establishing a single European railway area (OJ L 295, 14.11.2017, pp. 69–73).
Commission Implementing Regulation (EU) 2016/545 of 7 April 2016 on procedures and criteria concerning framework agreements for the allocation of rail infrastructure capacity (OJ L 94, 8.4.2016, pp. 1–11).
Commission Implementing Regulation (EU) 2015/1100 of 7 July 2015 on the reporting obligations of the Member States in the framework of rail market monitoring (OJ L 181, 9.7.2015, pp. 1–26).
Commission Implementing Regulation (EU) 2015/909 of 12 June 2015 on the modalities for the calculation of the cost that is directly incurred as a result of operating the train service (OJ L 148, 13.6.2015, pp. 17–22).
Commission Implementing Regulation (EU) 2015/429 of 13 March 2015 setting out the modalities to be followed for the application of the charging for the cost of noise effects (OJ L 70, 14.3.2015, pp. 36–42).
Commission Implementing Regulation (EU) 2015/171 of 4 February 2015 on certain aspects of the procedure of licensing railway undertakings (OJ L 29, 5.2.2015, pp. 3–10).
Commission Implementing Regulation (EU) 2015/10 of 6 January 2015 on criteria for applicants for rail infrastructure capacity and repealing Implementing Regulation (EU) No 870/2014 (OJ L 3, 7.1.2015, pp. 34–36).
Commission Implementing Regulation (EU) No 869/2014 of 11 August 2014 on new rail passenger services (OJ L 239, 12.8.2014, pp. 1–10).
last update 03.03.2022